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US v ASSOCIATION OF FAMILY PRACTICE RESIDENCY DIRECTORS Click to find out why . . .



Keywords & Phrases
CaseNo: UVAOFPRD284788, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: MO Missouri, UniqueCaseRef: LCD>UVAOFPRD284788, Family Practice, Judgement, Residency, Afprd, Residents, Directors, Guidelines, United States, Competition, Practice Residency, Complaint, Entry, Violation, Act, Inducements, Employment, Recruiting, Provisions, Contract, Alleges, Medical Students, Competitive Impact Statement, District, Compliance, Students, Attract, Antitrust, Enjoins, Contracting, Restrained Competition, Prohibiting, Conspiracy, Employees, Relief, Sherman Act, Restrain, Expenses, Prospective Family Practice, Policy , ContentID: 120245994

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 113039
9 pages
PDF
2   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 113038
14 pages
PDF
3 1996-05-28 FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 113040
8 pages
PDF
Total Documents: 3 documents , 31 pages
Price: $ 29.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
FAMILY PRACTICE
PRACTICE RESIDENCY
UNITED STATES
DIRECTORS
GUIDELINES
MEDICAL STUDENTS
DEFENDANT
COMPLAINT
COMPETITION
RECRUITING
VIOLATION
EMPLOYMENT
ACT
AFPRD
MEMBER
ALLEGES
DISTRICT
INDUCEMENTS
CONTRACT
CONSPIRACY
RELIEF
SHERMAN ACT
RESTRAIN
REQUEST
NATIONWIDE
HOSPITAL RESIDENCY
CONCERT
PROMULGATION
EMPLOYMENT BENEFITS
                 UNITED STATES DISTRICT COURT FOR
                 THE WESTERN DISTRICT OF MISSOURI
                           Western Division

UNITED STATES OF AMERICA,

                      Plaintiff,          Civil Action No:

                v.                        15 U.S.C. § 1
                                          (Antitrust Violation Alleged)
ASSOCIATION OF FAMILY PRACTICE
RESIDENCY DIRECTORS,                      15 U.S.C. § 4
                                          (Equitable Relief Sought)
                      Defendant.



                               COMPLAINT
     The United States of America, by its attorneys and acting

under the direction of the Attorney General of the United States,

brings this civil antitrust action to obtain equitable relief

against the named defendant and complains and alleges as follows:

                                    I.

                        JURISDICTION AND VENUE

     1.    The United States files this Complaint under Section 4

of the Sherman Act, 15 U.S.C. § 4, as amended, to prevent and

restrain defendant's continuing violation of Section 1 of the

Sherman Act, 15 U.S.C. § 1.

     2.    The defendant maintains offices, transacts business,

and is found within the Western District of Missouri, within the

meaning of Section 12 of the Clayton Act, 15 U.S.C. § 22.



                                    II.

                                 DEFENDANT
SNIPPETS:
  • THE WESTERN DISTRICT OF MISSOURI
  • UNITED STATES OF AMERICA,
  • against the named defendant and complains and alleges as follows:
  • The United States files this Complaint under Section 4
  • Sherman Act, 15 U.S.C. § 1.
  • The Association of Family Practice Residency Directors
  • 1989 to represent the directors of hospital residency programs
  • practice residency program directors nationwide.
  • defendants in this Complaint have participated in the promulgation
  • participated with the defendant in the violation alleged in this
  • The AFPRD circulates correspondence and notices,
  • disseminates, and encourages compliance with ethical guidelines,
  • to fill positions for residents in their programs.
  • In recruiting senior medical students and current
  • negotiate and enter into substantial numbers of employment
  • competition increased among family
  • increasingly began to offer economic inducements to both senior medical students and current
  • receive an increasing number of complaints from its member program
  • conspiracy that was per se unlawful under Section 1 of the Sherman
  • unless the relief requested is granted.
  • This contract, combination, or conspiracy consisted of
  • a continuing agreement, understanding, and concert of action among
  • guidelines to restrain competition among family practice residency
  • REQUEST FOR RELIEF

  • 2 . COMPETITIVE IMPACT STATEMENT

    EXTRACTED KEY WORDS
    RESIDENCY
    FAMILY PRACTICE
    AFPRD
    DEFENDANT
    COMPETITION
    DIRECTORS
    VIOLATION
    GUIDELINES
    ENTRY
    COMPLAINT
    MEMBER
    COURT
    ACT
    PROVISIONS
    CONTRACT
    UNITED STATES
    STUDENTS
    ATTRACT
    COMPETITIVE IMPACT STATEMENT
    ANTITRUST
    EMPLOYMENT
    ENJOINS
    ALLEGES
    RESTRAINED COMPETITION
    PLAINTIFF
    COMPLIANCE
    INDUCEMENTS
    RECRUITING
    PROHIBITING
    
                     UNITED STATES DISTRICT COURT FOR
                     THE WESTERN DISTRICT OF MISSOURI
                              Western Division
    
    UNITED STATES OF AMERICA,
    
                          Plaintiff,          Civil Action No:
    
                   v.                         96-0575-CV-W-2
    
    ASSOCIATION OF FAMILY PRACTICE
    RESIDENCY DIRECTORS,
    
                         Defendant.
    
    
                         COMPETITIVE IMPACT STATEMENT
    
              Pursuant to Section 2(b) of the Antitrust Procedures
    
    and Penalties Act, 15 U.S.C. § 16(b) ("APPA"), the United States
    
    files this Competitive Impact Statement relating to the proposed
    
    Final Judgment submitted for entry in this civil antitrust
    
    proceeding.
    
                                        I.
    
                   NATURE AND PURPOSE OF THE PROCEEDING
    
         On _________, the United States filed a civil antitrust
    
    complaint alleging that defendant, the Association of Family
    
    Practice Residency Directors ("AFPRD"), and others entered into an
    
    agreement that restrained competition among family practice
    
    residency programs to employ family practice residents, and
    
    constituted a per se violation of Section 1 of the Sherman Act, 15
    
    U.S.C. § 1.    The Complaint seeks injunctive relief to enjoin
    
    continuance or recurrence of this violation.
    
         The United States filed with the Complaint a proposed Final
    
    SNIPPETS:
  • UNITED STATES OF AMERICA,
  • ASSOCIATION OF FAMILY PRACTICE RESIDENCY DIRECTORS,
  • Pursuant to Section 2of the Antitrust Procedures
  • files this Competitive Impact Statement relating to the proposed
  • Final Judgment submitted for entry in this civil antitrust
  • complaint alleging that defendant, the Association of Family
  • constituted a per se violation of Section 1 of the Sherman Act,
  • continuance or recurrence of this violation.
  • Judgment intended to resolve this matter.
  • that the Court will retain jurisdiction over the matter for any
  • unless prior to entry the plaintiff withdraws its consent.
  • The present proceeding is designed to ensure full compliance
  • agreed to be bound by the provisions of the proposed Final
  • Currently, the AFPRD has approximately
  • 427 member directors, who represent approximately 95% of all
  • In the late 1980s, competition increased among family
  • practice residency programs for senior medical students,
  • also increasingly began to offer economic inducements to attract
  • The Guidelines embody an agreement among the member family
  • and other employment benefit offered to any applicant available to
  • AFPRD and others engaged in a contract, combination, or conspiracy
  • IVenjoins the defendant from directly or indirectly barring
  • Section IVenjoins the defendant from prohibiting any
  • soliciting, recruiting, or contracting with current family
  • The Complaint alleges that the AFPRD violated Section
  • to govern resident recruiting that restrained competition among

  • 3 . FINAL JUDGMENT

    EXTRACTED KEY WORDS
    RESIDENCY
    FAMILY PRACTICE
    DEFENDANT
    AFPRD
    DIRECTORS
    ENTRY
    UNITED STATES
    PLAINTIFF
    CONTRACTING
    DISTRICT
    COURT
    EMPLOYEES
    PROVISIONS
    LAW
    INDUCEMENTS
    EXPENSES
    PROSPECTIVE FAMILY PRACTICE
    COMPETITIVE IMPACT STATEMENT
    POLICY
    GUIDELINES
    AFPRD MEMBER
    CERTIFICATIONS
    COMPLIANCE
    OFFERING
    PARAGRAPHS
    VIOLATIONS
    PARTIES
    SUBSIDY
    OFFICERS
    
                               UNITED STATES DISTRICT COURT FOR
                               THE WESTERN DISTRICT OF MISSOURI
                    Western Division
    
     UNITED STATES OF AMERICA,
    
                   Plaintiff,                      Civil Action No:
    
                      v.                           96-575-CV-W-2
    
     ASSOCIATION OF FAMILY PRACTICE
     RESIDENCY DIRECTORS,
    
                        Defendant.
    
    
                                       FINAL JUDGMENT
    
    
          Plaintiff, the United States of America, having filed its Complaint on
    
    May 28, 1996, and plaintiff and defendant, by their respective attorneys,
    
    having consented to the entry of this Final Judgment without trial or
    
    adjudication of any issue of fact or law, and without this Final Judgment
    
    constituting any evidence against or an admission by any party regarding any
    
    issue of fact or law;
    
          NOW, THEREFORE, before the taking of any testimony, and without trial or
    
    adjudication of any issue of fact or law, and upon consent of the parties, it
    
    is hereby ORDERED, ADJUDGED, AND DECREED:
    
                                             I.
    
                                        JURISDICTION
    
          This Court has jurisdiction over the subject matter and each of the
    
    parties to this action.      The Complaint states claims upon which relief may be
    
    granted against the defendant under Section 1 of the Sherman Act, 15 U.S.C.
    
    
    
    
    SNIPPETS:
  • THE WESTERN DISTRICT OF MISSOURI
  • UNITED STATES OF AMERICA,
  • ASSOCIATION OF FAMILY PRACTICE RESIDENCY DIRECTORS,
  • May 28, 1996, and plaintiff and defendant, by their respective attorneys,
  • adjudication of any issue of fact or law, and without this Final Judgment
  • This Court has jurisdiction over the subject matter and each of the
  • parties to this action.
  • "AFPRD" means the Association of Family Practice Residency
  • is a party, and all of their directors, officers, and employees;
  • "Inducements" means salary, bonuses,
  • allowance or subsidy, moonlighting payment, permissible moonlighting when oncall, additional
  • current or prospective family practice residents by offering or providing
  • directly or indirectly soliciting, recruiting or contracting
  • guideline, standard, manual, or policy statement that has the purpose or effect
  • Within sixty days of the date of entry of this Final Judgment,
  • standards, manuals, or policy statements, and specifically those provisions or
  • 2of the "AFPRD Guidelines on the Ethical Recruitment of Family Practice
  • statement to each current AFPRD member for a period of five years after the
  • Competitive Impact Statement to any person who succeeds to a position described
  • Paragraphs V and on the meaning and requirements of this Final Judgment
  • annual written certifications that they have read, understand, and agree to
  • For the sole purpose of determining or securing compliance with this
  • and to punish violations of its provisions.
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